The State Worker

Chronicling civil-service life for California state workers

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The State Worker has obtained the settlement agreements that end two furlough lawsuits against the state in exchange for restoring back pay for a handful of employees represented by the state's legal professionals' union.

Technically, the deal is two deals.

One settlement worked out between California Attorneys, Administrative Law Judges and Hearing Offices in State Employment and Gov. Jerry Brown's administration ends the furlough litigation.

The other is between CASE and the five departments that receive no legislative appropriation and employ about two dozen affected CASE members: First 5 California, the Prison Industry Authority, the California Earthquake Authority, the California Housing Finance Agency and the California State Lottery. That deal OKs paying back wages.

We emailed the agreements to Tim Yeung, a former Personnel Administration lawyer now in private practice, and asked him why the settlement was split.

"The only reason I can think of to split the settlement is to make it crystal clear that Governor Brown and the general fund are not on the hook for the payments from the 5 agencies who were not part of the budget appropriation," Yeung said said in an email.

You can read the union and administration agreement that ends furlough litigation by clicking here. The departments' back pay agreement with CASE is available via this link. Or you can read the embedded documents below:

The union representing the state's legal professionals and Gov. Jerry Brown's administration have agreed to settle their furlough fight.

The deal returns wages lost to furlough to about 24 members of California Attorneys, Administrative Law Judges and Hearing Officers in State Employment. In exchange, the union is dropping its last two furlough lawsuits.

The agreement affects only CASE members in five departments that don't receive legislative budget appropriation: First 5 California, the Prison Industry Authority, the California Earthquake Authority, the California Housing Finance Agency and the California State Lottery.

SEIU Local 1000 recently agreed to a similar settlement.

The CASE's rationale, which you can read below or by clicking here, can be summed up in five words: "Take what you can get."
CASE memo to members

111201 Brown Amezcua.JPGGov. Jerry Brown's plan to put future state and local government employees into hybrid pension plans and push back the full retirement age for new hires would hit low-paid workers the hardest, according to a recent academic analysis.

Researcher Nari Rhee of the pro-labor UC Berkeley Center for Labor Research and Education concludes that while Brown's suggested package of changes to public retirement systems contains "several sensible proposals," the pension design and age threshold changes "may impose a disproportionately large burden on low-wage workers."

Gov. Jerry Brown has sent language for his 12-point pension reform plan to the Legislature's Conference Committee on Public Employee Pensions.

The proposals are divided into two groups. The constitutional amendment Brown offered broadly outlines the pension changes more narrowly defined in the language to change state law. The governor's plan won't go forward without two-thirds of the Legislature voting to put the constitutional changes on the Nov. 6 ballot, which would then need voter approval from a majority.

The changes would kick in Jan. 1, 2013. Labor agreements that contradict the governor's plan would prevail until the pacts expire.

Thumbnail image for 100602 yolo county gavel.jpgWith just 400 to 450 words for our weekly State Worker column, some of what we learn each week never sees print. Column Extras give you the notes, the quotes and the observations that inform what's published.

Our column in today's Bee looks at the state's employee disciplinary process. An aspect of the topic that we had to leave out was the legal precedent for the system we outlined, specifically Skelly v. State Personnel Board.

Thumbnail image for newspaper_5.gifCalifornia government payroll grew by $500 million in 2011 as furloughs eased
State government payroll increased by half a billion dollars last year, even as California cut thousands of state worker jobs, according to a Bee analysis of new data from the Controller's Office. (Sacramento Bee)

OR: Lawmakers consider supervisor ratio
A bill intended to accelerate middle management reductions in Oregon state government got off to a rocky start before skeptical legislators Wednesday. (Statesman Journal)

The State Worker: How hard is it to fire a state worker?
Caltrans' recent decision to "unfire" an employee who admitted falsifying structural tests and let him retire may leave you wondering, How hard is it to fire a state worker? (Sacramento Bee)

After combing through the state controller's 2011 payroll data, The Bee's Phillip Reese reports this morning that

State government payroll increased by half a billion dollars last year, even as California cut thousands of state worker jobs, according to a Bee analysis of new data from the Controller's Office.

The payroll increase added about $140 million in wages to the Sacramento economy in 2011, contributing to a budding recovery.

The story, which you can read here, coincides with an update to the state worker pay database.

Click this link to open the pay search engine and scroll down to the notes below the "top salaries" list to understand the sources and boundaries of the data.

Gov. Jerry Brown has appointed Kimiko Burton, 47, of San Francisco, to the State Personnel Board. She is taking the seat left vacant by Will Fox, former Gov. Arnold Schwarzenegger's chief of staff, after the Senate failed to confirm him.

If confirmed, Burton would serve the last seven years of the position's 10-year term. The job pays $40,668.

Burton has been a deputy city attorney in San Francisco since 2003 and worked as a public defender from 2001 to 2003. She also worked in San Francisco Mayor Willie Brown's administration and as a staff attorney for the State Board of Equalization from 1995 to 1996.

Burton, a Democrat, earned her law degree from the University of California, Hastings College of the Law.

Burton's father is John Burton, the former state senate president pro tem and current chairman of the California Democratic Party.

120130 Yvonne Walker 2008.JPGOur report in today's Bee quotes SEIU Local 1000 President Yvonne Walker talking about the union's decision to settle its furlough litigation against the state. Here are highlights from her interview with The State Worker:

On working with Democratic Gov. Jerry Brown compared with his predecessor, Republican Arnold Schwarzenegger:

"What a difference a governor makes. ... He actually respects workers and the services we provide Californians."

On the state's furlough policy and Brown's position on it:

"We've said all along the furlough plan was a bad plan. It not only jeopardized working people, but came at a great cost to the state. This governor did the right thing. He looked at it and understood that we had the opportunity to say, 'How do we close out this ugly chapter in the state's history?' "

On how the deal came together:

"The governor's attorneys called and said, 'Can we settle this?' and we said, 'Yes.' "

On arguments that the agreement benefits a relatively small group of SEIU members at the expense of pursuing lawsuits that could benefit the vast majority of union-covered state workers:

"Realistically, those four lawsuits didn't have the potential to do something for everyone. We lost the majority of our cases. Even when your cause is righteous, going to court is a crap shoot."

PHOTO CREDIT: Yvonne Walker speaks at a news conference responding to Gov. Schwarznegger's furlough plan for state workers, Friday Dec. 19, 2008. Sacramento Bee / Brian Baer

Thumbnail image for newspaper_5.gifCalSTRS may cut forecast again
CalSTRS is thinking of cutting its investment forecast for the second time in barely a year, a move that acknowledges the increased financial strain on the pension fund. (Sacramento Bee)

John Chiang says California's cash will dry up if officials don't act
California will run out of cash by early March if the state does not borrow more money and delay some payments, the state's cash manager warned Tuesday. (Sacramento Bee)

Maine Bill Would Allow Public Employees to Bring Guns to Work
Maine lawmakers are considering a bill that would allow state employees to bring guns to work. The measure would require that gun owners have a concealed weapons permit and keep firearms locked and out of sight in their vehicles, according to Capitol News Service. (MPBN)





About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at jortiz@sacbee.com.

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